Burn injuries from negligence can be life-altering, leaving you with physical and emotional scars alongside significant financial burdens. While the theory of burn injury settlements in Florida may seem straightforward – get compensation for your damages – the practicalities can be a lot more complex. If navigating the legal path to compensation feels overwhelming and near impossible, using this post can help clear up the confusion. We’ll dive into the theory vs. practice of burn injury settlements, exploring aspects like burn severity and compensation amounts tied to each, what you can recover damages for, what factors can influence your settlement, and why legal representation is a must in these types of cases.
Understanding Burn Injuries, Burn Types, & Compensation Ranges
What Is A Burn Injury?
A burn injury is damage to the body’s tissues caused by heat, electricity, chemicals, or radiation. Your burns can vary in severity, from minor injuries that only affect the outer layer of skin (first-degree), to more serious injuries that penetrate the deeper layers of skin and underlying tissues (second and third-degree).
What Are The Types of Burn Injuries?
1. First-degree burns are the least severe, causing damage only to the skin's outer layer. They are often compared to sunburns and are characterized by redness, dryness, and sometimes, swelling. The compensation given in burn injury settlements for first-degree is often less than $10,000, as these injuries are not significant enough to warrant substantial compensation.
2. Second-degree burns are more serious, with damage extending beyond the skin’s outer layer and into the dermis (middle layer). This can cause intense pain, redness, swelling, and blistering, and the blisters can pop and weep fluid, increasing the risk of infection. Depending on the depth and location of the burn, healing can take weeks to months and may leave permanent scarring or discoloration. While some second-degree burns may fall within the $25,000-$75,000 range, others can result in significantly higher burn injury settlements.
3. Third-degree burns involve complete damage to both skin layers, making the affected area appear white, brown, or charred, often with a leathery texture and with no sensation. These require immediate medical attention due to the high risk of infection and can result in significant scarring. Burn injury settlements vary considerably, ranging from $100,000 - millions in severe cases with permanent functional limitations.
4. Fourth-degree burns are the most severe, affecting all skin layers, subcutaneous tissue, and sometimes the underlying fascia, muscles, and bones. These types of burns are life-threatening, often require amputation, and typically have burn injury settlements in the millions.
Theory vs. Practice - How Fair Compensation Works in Burn Injury Settlements
In theory, burn injury settlements are designed to compensate you for damages categorized either as economic or non-economic.
1. Economic damages are for tangible costs such as:
- Medical bills for all past, present, and anticipated future medical expenses related to your burn injury.
- Lost wages are compensation for income lost due to your inability to work.
2. Non-economic damages for intangible losses, such as:
- Reduced earning capacity is compensation for the impact of the injury on your future earning potential.
- Pain and suffering which is compensation for physical and emotional distress caused by the injury.
- Other damages may be compensated depending on case specifics such as property damage, scarring, and loss of enjoyment of life.
While in theory, these damages seem straightforward, negotiating a fair settlement can be complex. This is because, in burn injury settlements, factors like how severe the burn is (burn type), the size of the burn area, how the burn affects your daily activities, mobility, and ability to work, as well as, the cost of future medical needs, and the level of fault attributed to the responsible party (degree of negligence) all influence the settlement value.
Note: insurance companies may attempt to minimize compensation by arguing the severity or disputing liability, so having an expert personal injury lawyer representing your case becomes crucial to obtaining a fair burn injury settlement.
Don’t Face It Alone - How Partnering With A Skilled Burn Injury Lawyer Can Help You
While burn injury cases can be intricate due to complexities in damage valuation and potential legal battles, an experienced attorney can significantly ease the burden. Here at Frank Eidson, we’ll fight for your best interests by gathering evidence like medical records and witness testimonies, skillfully negotiating with insurance companies aiming to minimize payouts, and representing you in court should the situation arise.
At Frank Eidson, we are committed to providing compassionate, professional, and comprehensive legal services to burn injury victims. Contact us today for a free case review by giving us a call at 407-245-2887.
